Buyer shall develop the Property pursuant to the
general terms submitted to Seller by Buyer in Buyer’s Proposal as
"Restoration & Development Overview", which terms are attached
hereto and incorporated by express reference as Exhibit III and are
summarized herein.
In Phase I, Buyer shall restore and renovate the
Assembly Building and the Tower, with restoration efforts dedicated
to maintaining the historic integrity of the buildings’ features, as
detailed in Buyer’s Proposal, incorporated herein by express
reference. Buyer acknowledges that the Property is a designated
historic landmark and all work on the Property shall require
Certificates of Appropriateness from Seller. During the
Examination Period, Seller shall work with Buyer to provide any
information regarding this process, and to issue Certificates of
Appropriateness if Buyer provides plans and specifications regarding
said work to Seller in a timely manner.
In Phase II, Buyer shall have the right to
construct two additional buildings, provided, the two buildings
shall contain not more than a total of 14,000 square feet, shall be
constructed in substantial conformity to the site plan and
renderings presented by Buyer to Seller attached hereto as Exhibit
IV and shall be constructed pursuant to Certificates of
Appropriateness issued by Seller. However, as Buyer does not have
completed plans and specifications for these buildings, Seller shall
allow Buyer to exceed the square foot limitation herein by up to ten
percent (10%) to cover potential construction or architectural
variances. Buyer shall not commence construction on the additional
buildings until it has completed all work required in Phase I.
Any Certificates of Appropriateness for new construction issued by
Seller under Phase II shall be conditional on Buyer’s completion of
all work in Phase I, as contained in Exhibit III. Buyer shall submit
its proposed development plan and renderings prepared by Land Design
along with a material list to Seller’s design review committee
during the Examination Period, and the Seller contemplates that it
will issue a Certificate of Appropriateness approving the location,
square footage, design and materials of Phase II, provided the
information submitted is substantially consistent with the materials
presented in Buyer’s Proposal.